Rule 93.04.Exchange of information.

Rule 93.04 replaces some of the back-and-forth of ordinary discovery with a single disclosure deadline. No later than ten days before the pretrial conference, each party has to hand every other party — and the court — a packet of information: the name, address, and phone number of any trial witness along with a copy of that witness's statement or a summary of expected testimony; a description or photo of any physical evidence going to trial; copies of documents that will be offered as exhibits; and, for any expert witness, a summary of qualifications plus a report covering the subject matter, anticipated testimony, and the grounds for each opinion.

The disclosures go further than exhibits and witnesses. Each party also has to lay out its contentions — a statement of what it argues on each claim or defense and the facts behind those arguments — along with any offers to stipulate and a plain list of the legal and factual issues it recognizes in the case. None of this displaces the attorney-client privilege or work-product protection; a party never has to hand over a protected written or taped statement.

The duty to disclose doesn't end once the packet goes out. Rule 93.04(2) makes it a continuing obligation — if new, pertinent information turns up after the initial exchange, the party has to supplement its disclosures promptly.

Rule 93.04(3) pushes parties to narrow the case before trial. If a party rejects a proposed stipulation and the rejected point later gets proved at trial anyway, the rejecting party can face sanctions under Rule 96 for refusing to concede what turned out to be true.